Clarification on the work-related exception in 1904.5(b)(2)(viii) for the common cold or flu

OSHA requirements are set by statute, standards and regulations. Our interpretation letters explain these requirements and how they apply to particular circumstances, but they cannot create additional employer obligations. This letter constitutes OSHA's interpretation of the requirements discussed. Note that our enforcement guidance may be affected by changes to OSHA rules. Also, from time to time we update our guidance in response to new information. To keep apprised of such developments, you can consult OSHA's website at https://www.osha.gov.

November 15, 2023

Mr. Riki Ott, PhD
Director, The ALERT Project
Berkeley, CA 94704

Dear Mr. Ott:

Thank you for your letter to the Occupational Safety and Health Administration (OSHA) regarding the recordkeeping regulation contained in 29 CFR Part 1904 Recording and Reporting Occupational Injuries and Illnesses. Specifically, you request an interpretation regarding the work-related exception in § 1904.5(b)(2)(viii) for the common cold or flu.